SURJA RAM Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) The petitioner, while working as District Excise Officer, was served with a charge sheet on 21.9.1995 alongwith a memorandum of charges. The petitioner also retired from service on reaching the age of superannuation w.e.f. 30.9.1995. The charge-sheet dated 21.9.1995 is under challenge in the present writ petition with a further prayer that the respondents be restrained from holding any enquiry against him since the petitioner had already been retired after Issuance of the charge sheet. The petitioner has also prayed for release of all this retirement benefits.

(2.) The writ petition was filed on 31.1.1996 Vide interim order dated 5.3.1996, this court, while issuing notice to the respondents, stayed further proceedings in the departmental enquiry.

(3.) The impugned charge sheet has been challenged mainly on the ground that the incident relates back to the year 1987-88 and 1988-89 and no charge sheet could have been served after more than 6 years that also just prior to date of retirement of the petitioner. It has further been alleged that the whole amount involved in the matter had already been deposited or recovered and since it is only a matter of irregularity which had duly been explained by the petitioner to the concerning authorities, there was no occasion for the respondents to issue charge sheet before retirement of the petitioner.